PESHAWAR, July 4: A cabinet committee has approved the proposed prosecution ordinance, which now awaits approval of the provincial cabinet.

The committee, however, could not decide whether the prosecution services would function under the home department or law department.

Presently, the prosecution services work under the supervision of the law department, whereas in the rest of provinces home department takes care of the services.

The committee on June 20, in its meeting chaired by NWFP Minister for Food and Excise Fazle Rabbani, had decided to discuss this controversial point in the next meeting. Apart from the minister the meeting was attended by Home Secretary Abdul Karim Qasuria and Secretary Law Amir Gulab Khan.

Last year the federal government had sent the draft of the prosecution ordinance to the four provinces for discussion and probable promulgation.

The draft of the proposed Prosecution Service Ordinance, 2002 was approved by the federal cabinet in October 2002 after consultation with all four provincial governments.

As prosecution service is a provincial subject, the federal government decided to send the draft to the four provincial governments directing the respective governors to promulgate the ordinance.

Previously the prosecution branch was attached to the police department. Later on it was separated from the police after the department underwent reforms.

Legal experts claimed that like rest of the provinces the prosecution branch should function under the home department in the NWFP.

They argued that since the home department was responsible for taking care of the law and order situation in the province, it should also deal with the prosecutors who prosecute different criminals.

Under the proposed ordinance the provincial government shall establish a prosecution service. The government would appoint a prosecutor general to head the service.

Through the proposed ordinance wide ranging powers would be assigned to the prosecutor general, district prosecutor and public prosecutors. The public prosecutor would be empowered to lodge a case before a competent court for trial.